MILAGROS DONIO-TEVES and MANUEL MORENO

vs.

HON. CIPRIANO VAMENTA, JR., as Presiding Judge, Branch III, Court of

First Instance, Negros Oriental, PABLO E. CABAHUG, as City Fiscal of

Dumaguete, and JULIAN L. TEVES

FACTS:

Milagros Donio-Teves and Manuel Moreno are accused of and charged

with adultery. Thecriminal action was initiated by a letter-complaint thumb

marked and sworn to by complainant Julian Teves, the husband of petitioner

Milagros Donio-Teves. During the preliminary investigation, Julian Teves

filed a new letter complaint attaching his affidavit. Before the scheduled

arraignment, Milagros Donio-Teves filed a Motion to Quash challenging

the jurisdiction of the Court of First Instance over the offense charged, the

persons of both accused, and the authority of respondent City Fiscal of

Dumaguete to file the information. The motion was denied by the CFI. During

the pendency of the case, complainant Julian Teves died.

ISSUE:

Whether or not the death of the complainant in adultery while the case

is pending a ground to dismiss the case.

HELD:

In adultery and concubinage cases, the death of the offended party is

not a ground for the extinguishment of the criminal liability, whether partial

or total, of the offending spouse. The participation of the offended party is

essential not for the maintenance of the criminal action but solely for the

initiation thereof. The moment the offended party initiates the action, the law

will be applied in full force beyond the control of, and in spite of the

complainant, his death notwithstanding